How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Can you request a different judge if you believe the judge

Resolved Question:


Can you request a different judge if you believe the judge has previously shown you negative bias and you have complained about him please?
Also can a judge be allowed to reference a complaint made about one of his colleagues just before he makes an order please
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
What is the nature of the case and what has actually happened?
Clare
Customer: replied 2 years ago.

ok, it was my friend applying to have a contact order enforced. Mother made horrible allegations to justify her actions and judge let her off after he said about a complaint about another judge. he also dramatically reduced contact order even though evidence showed that allegations were false. Father (my friend) walked out in disgust and judge then reordered that contact be put back a further week.

Thank you

Expert:  Clare replied 2 years ago.

I need a little more detail than that I am afraid.
What was the actual matter before the court - and what did the Judge actually say?
Clare
Customer: replied 2 years ago.

ok father had a contact order other wekend, 3 calls a week and half holidays. Every year when summer holidays are due to begin mother makes allegations. This time authorities found allegations had no foundation so did not investigate so mother just stopped anyway.(last time they found they had no foundation after an investigation), Father took her to court to have order enforced. Judge said he thought she had reason to stop contact but that it needed to be resumed immediately and said contact shall start at weekend but be one day a week and one call a week no holiday (summer holidays were over by now). Father said thats not fair and expressed concerns re his race - judge said you said that about judge yelton and then ordered it. Father walked out. Court sent an email putting back contact resume a further week.

I just need to know if a different judge can be requested, especially a specific one who has in the past proved impartial. please. There is a judge who has been equally quite unpleasant to both of them so Father would like her to be presiding but especially not Greene who has been there this time. Previously different judges have been involved, no continuity but Greene is insisting on himself this time. He also refuses to let anyone in with Nick unless they are a professional though Jo's husband can go in with her all the time. legal representation is not an option

Expert:  Clare replied 2 years ago.

- your partner alleged that the Judge was racially biased?
Clare
Customer: replied 2 years ago.

yes.

Customer: replied 2 years ago.

he went there with a stack of evidence showing allegations were contrived.and judge ignored it, said it didnt matter. Nick asked is it my colour? judge said that's what you said about judge yelton ( which wasn;t excatly true either). Nick posed the question in that occasion is it my gender is it my race? why are you accepting mothers word despite evidence ?

Customer: replied 2 years ago.

complaint came back that they do not investigate a judges decision. so final hearing is on 13 Feb

Expert:  Clare replied 2 years ago.

What is the purpose of the Final Hearing - what is the issue the court has to decide on?
Clare
Customer: replied 2 years ago.

it has turned into deciding what contact he can now have

Customer: replied 2 years ago.

he has no confidence that this judge would be impartial

Customer: replied 2 years ago.

?

Expert:  Clare replied 2 years ago.

My apologies delay I had my own issues with a Judge today!
What contact has he asked for?
Clare
Customer: replied 2 years ago.

he hasn't asked. one minute he made an application to have his contact order enforced. Judge has backed mother and reduced contact order and ordered a cafcass report. mothers request. this is the hearing where the judge decides what dad can get.

I just need to know how we can go about getting him disqualified from determining in this case as we suspect he is biased.

Customer: replied 2 years ago.

sorry - thank you by the way!

Customer: replied 2 years ago.

that was incredibly rude of me to just pile in like that!

Expert:  Clare replied 2 years ago.
Sian
no worries.
I wish it were that simple - but we need to find a work around at this stage as it is unlikely that a simple request will do!.
Back a step - when was the Order made that the ex has broken?
What was the allegation that was made and how old are the children?
Clare
Customer: replied 2 years ago.

the original order was made after her last false allegation (that he hit the children). huge investigation, quicly noted inconsistencies thoughThat was a good judge. she was not hoodwincked. it was september 2013. after Nick lost all the summer holidays ( they were going to be the first summer holidays) the previous summers he had a week at a time but this judge almost punished jo false allegation. This time he just was scary. while this was going on though she told her daughter that she (the daughter) had a bad dream and she said out loud in her sleep that her daddy has touched her inappropriately and that she needs to tell social services who rather conveniently were coming to interview her that day anyway. Investigation very quick established nothing had happenned. anyway, john is 8 i think and mandy is 7

Sian

Expert:  Clare replied 2 years ago.

So two years in a row just before the Summer holidays mum has made false allegations, investigated by Social Services and found to be untrue.
How has the alternate weekend contact gone (when it was going)
Clare
Customer: replied 2 years ago.

well, that went fine, holiday sharing was problematic at times eg if the school broke up on a Thursday, she would effectively "steal" the Friday if he didn't know or if the holiday started with a weekend that was hers she would say the weekend arrangements still held and after that the holiday contact would resume but on the whole they were fine, the phone calls 3 times a week he was lucky to get 1. unfortunately cafcass are saying that his objections to her behaviour are emotionally damaging and not saying how emotionally damaging her actions are. one time mandy forgot a lipgloss and was really upset so he went to their house (collection was a supermarket car park), parked outside while Mandy went and got it. She got the police round saying he was harrassing. One time they went to see Nicks mum in London birthday. mother saw photo on facebook - happy birthday nan -. She called the police saying he had abducted them and they instigated a search of his girlfriends house and he had to go to the police station when they got back. Unfortunately the poolice are reluctant to take any form of action to stop her behaviour.

Expert:  Clare replied 2 years ago.

How old are the children and is there a further CAFCASS report due?
Clare
Please note I will be out and about today - but i will pick it up this evening and we WILL find a way round this
Customer: replied 2 years ago.

This is the only one. The are many factual errors in it and when he tried to have them corrected as it said how he could they told him he had to ask the court to order the author to attend the hearing examination. Seems wierd but he has asked the court this. Whether the judge orders her we have yet to know. Reports also has many omissions. and focuses on father. it uses clever language techniques - positive words before mentioning mother, negative words before mentioning father, and an extraordinary amount of padding. Thought this was wierd. Then when I glanced down LHS of page it had powerfully loaded statements so the padding served to make sure lines started with certain words. Difficult to explain but you kind of get a hidden message of you read down left hand side. It is subliminal manipulation but I guess most organisations who want to sway the reader will do this. Anyway, complaint made, ignored and its off to the ombudsman. Court has report anyway and damage done so purpose served.

boy is 8 and girl is 7

I expect you have heard this story so many times.

Thank you

Sian

Customer: replied 2 years ago.

Bit of extra background - this first started on 2009. He came home from work one day and the house was empty. It took 4 months to see them - she had been having an affair. Anyway she came back not - another affair, same scenario - he came home from work. This time 10 months before he could get to court and see them again. Cafcass used his 2 applications against him saying adult issues and court are detrimental to their well being.

Expert:  Clare replied 2 years ago.

What are the final recommendations of the CAFCASS report?
Clare
Customer: replied 2 years ago.

That he attends a contact centre once a week as it is important that they stay in contact and though they recommend this they acknowledge this is not likely to happen as the resources are not there to happen. We were all rocked by this! A total bolt out of the blue.I know I must sound like a conspiracy theorist but something is not right here.

Customer: replied 2 years ago.

the 2013 social services report showed the lie. No one noticed except us. Lots of embarrassed faces in court. A week later the social worker no longer worked there. Same social services office involved this time.... is it revenge? Thats rhetorical.

Sian

Expert:  Clare replied 2 years ago.
Sian
What is the basis recommendation?
How are the children at risk?
Clare
Customer: replied 2 years ago.

That's just it - they are not. they say he is focused in the past and cannot move on, that he maintains that 7 hours a week and one phone call does not make him feel like a father and so they need "to minimise the detrimental emotional impact they children might experience" (this is the reason they state) and mentioned that he walked out of the court in disgust and now they have painted him as angry too. but they acknowledge no physical danger but mention he was beaten with a stick as a child by his mother (they say this is due to a cultural difference). His mother lives in the West Indies so I don't see how that is relevant.

Customer: replied 2 years ago.

Basically he wants what he had back. the judge pandered to her lies, lessened it and when it turned out she was lying again judge did not reverse his decision because by that time Nick had walked out in disgust.

Expert:  Clare replied 2 years ago.

I have to ask and I need to be blunt - is your partner willing to do what it takes to get the best result - even if it means swallowing his pride?
Clare
Customer: replied 2 years ago.

he is my ex husband and my best friend. He will try anything Im sure

Customer: replied 2 years ago.

he would do anything children. They plead with him to do something. I speak to them each week. It is heartbreaking

Expert:  Clare replied 2 years ago.

If he wants to get the result he is aiming will have to swallow his pride and deal with the court in a different way - is that something he can manage - no matter what the provocation? (and there will be provocation)
Clare
Customer: replied 2 years ago.

he has tried every way he can think of so far; he has been so patient to begin with. I am sure he will try any suggestion

Expert:  Clare replied 2 years ago.

The starting point is to accept that his ex knows what buttons to press.
He is then frustrated with the slowness and pedantic nature of many Judges and explodes angrily - thus reinforcing the picture in the courts mind of an angry and aggressive man who is still fixated on the past.
He MUST overcome this and he MUST hold his temper in court
The starting point is to prepare carefully hearing.
First he needs to prepare a Chronology that includes the dates of all the court orders all the contacts and all the allegations
No details no comments - just the dates so that it is clear what his ex has been doing.
He will need to go through the CAFCASS report and prepare the questions he wishes to ask the CAFCASS officer. Please do not mention the subliminal bit - believe me the padding is standard stuff
He needs to concentrate on the actual issues and (here is the hard to swallow part) he must say that he accepts that his frustration at the games that his ex has played has indeed made him focus on his anger rather than on enjoying what time he has been able to have with the children
he also need to change the focus of his arguments
This is not about what makes him feel like a father (although I am sorry but his 7 hours doesn't make him feel like a father is guaranteed to make him look self centred) - he is in fact always a father to his children and should always feel and act like it - and that includes ensuring that the children are exposed to his frustration at the actions of their mother
He also needs to be realistic.
Given their ages three phone calls a week in a hostile environment is too much children - once a week is better
With regard to the contact he needs to point out calmly that there is no reason not to have overnight contact provided the interaction between him and his ex is minimised - so collecting the children from school and returning them to school is a much better option parties.
he will have to ponder an option where there is no school - another activity from which they can be collected would be good.
Holidays should be tightly covered - half terms should start on the Wednesday before his weekends or end on the wednesday after his weekend,
he should either have the first half of the Easter and Summer holidays - or the second half.
Christmas should be a week each with the handover on Christmas day evening or Boxing day morning
Minimise the need or negotiation.
Ask clause that in the event that further holiday is lost as a result of accusations that are found to be groundless they will be made up at a later point in a school holiday.
On the day he should ask that you be allowed in as his McKenzie Friend to take notes and provide references.
You can read more here
http://www.familylawweek.co.uk/site.aspx?i=ed1568
He should also start his case with an apology - saying that he accepts that his frustration has led him to make unfounded accusations - which he bitterly regrets and he apologises.
he needs to keep his speech slow and regulated, - tap his hand if he starts to get wound up.
he must NOT rise to his ex's needling.
If he does lose then deep breath and ask to appeal.
Whatever the outcome sit to the bitter end and thank the judge or her time.
I know that none of this will be easy - oh haw well i know that, and it may not win you the case -but it could win him the appeal.
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters